BILL ANALYSIS �
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|SENATE RULES COMMITTEE | AB 607|
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THIRD READING
Bill No: AB 607
Author: Perea (D)
Amended: As introduced
Vote: 21
SENATE LABOR & INDUSTRIAL RELATIONS COMMITTEE : 4-0, 6/26/13
AYES: Monning, Wyland, Leno, Yee
NO VOTE RECORDED: Padilla
SENATE APPROPRIATIONS COMMITTEE : 6-0, 8/12/13
AYES: De Le�n, Walters, Gaines, Hill, Lara, Steinberg
NO VOTE RECORDED: Padilla
ASSEMBLY FLOOR : 76-0, 4/18/13 (Consent) - See last page for
vote
SUBJECT : Workers' compensation: dependent children
SOURCE : California Association of Highway Patrolmen
Peace Officers Research Association of California
DIGEST : This bill clarifies that a totally disabled dependent
child is entitled to workers' compensation survivor benefits in
case of the death of the parent, regardless of the status of the
surviving spouse, as specified.
ANALYSIS :
Existing law:
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AB 607
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1.Provides for a comprehensive system of workers' compensation
benefits to be paid to employees, or their dependents in the
case of a job-related death, in the event of illness or injury
that arises out of or in the course of employment.
2.Includes among the various benefits death benefits for
dependents of an employee who dies as a result of a
work-related injury.
3.Provides generally that these death benefits terminate with
respect to minor children when the child turns 18, or
graduates from high school, whichever is later.
4.Provides that, with respect to a child who is a dependent of
the employee who dies, and who is totally disabled due to a
physical or mental condition, the death benefits continue for
the life of the child.
5.Qualifies the right of a disabled child to these benefits with
language that implies that there must be a partially dependent
surviving spouse in order for the totally disabled child to
obtain these benefits.
This bill clarifies that a totally disabled dependent child is
entitled to workers' compensation survivor benefits in case of
the death of the parent, regardless of the status of the
surviving spouse, as specified. Specifically, this bill:
1.Strikes out a phrase in the statute governing death benefits
for surviving totally disabled children of a deceased worker
that provides death benefits when there is a partially
dependent surviving parent, but perversely denies the death
benefit when there is a totally dependent surviving parent.
2.Strikes out a redundant qualification that the "child" be a
"minor" in the provision that explicitly allows benefits for
totally disabled children regardless of age.
Prior Legislation
AB 749 (Calderon, Chapter 6, Statutes of 2002) expanded workers'
compensation benefits, including death benefits for dependent
adult children.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No Local:
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AB 607
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No
According to the Senate Appropriations Committee, state costs
would be unknown, but likely below $50,000 (General Fund and
special funds). The fiscal impact of each case would depend on
the number of dependent children.
SUPPORT : (Verified 8/14/13)
California Association of Highway Patrolmen (co-source)
Peace Officers Research Association of California (co-source)
California professional Firefighters
Fresno Deputy Sheriffs' Association
Fresno Police Officers Association
Glendale City Employees Association
Laborers' Locals 777 & 792
Organization of SMUD Employees
San Bernardino Public Employees Association
San Luis Obispo County Employees Association
Santa Rosa City Employees Association
ARGUMENTS IN SUPPORT : According to the sponsor, the Police
Officers Research Association of California (PORAC), this bill
is necessary to clarify the rights of totally disabled children
of employees who have died on the job to receive dependent death
benefits. PORAC correctly notes that an unusual phrase in the
statute appears to limit the scope of death benefits to cases
where there is a merely partially dependent surviving spouse,
but denies the expanded "disabled child" death benefit where
there is a fully dependent surviving spouse. The bill deletes
this offending clause, thereby ensuring that totally disabled
dependent children regardless of age obtain the death benefit to
which they should be entitled.
ASSEMBLY FLOOR : 76-0, 4/18/13
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Bigelow, Bloom,
Blumenfield, Bocanegra, Bonilla, Bonta, Bradford, Brown,
Buchanan, Ian Calderon, Campos, Chau, Ch�vez, Chesbro, Conway,
Cooley, Dahle, Daly, Dickinson, Donnelly, Eggman, Fong, Fox,
Frazier, Beth Gaines, Garcia, Gatto, Gomez, Gordon, Gorell,
Gray, Grove, Hagman, Hall, Harkey, Roger Hern�ndez, Jones,
Jones-Sawyer, Levine, Linder, Logue, Maienschein, Mansoor,
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AB 607
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Medina, Melendez, Morrell, Mullin, Muratsuchi, Nazarian,
Nestande, Olsen, Pan, Patterson, Perea, V. Manuel P�rez,
Quirk, Quirk-Silva, Rendon, Salas, Skinner, Stone, Ting,
Torres, Wagner, Waldron, Weber, Wieckowski, Wilk, Williams,
Yamada, John A. P�rez
NO VOTE RECORDED: Holden, Lowenthal, Mitchell, Vacancy
PQ:ej 8/14/13 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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